Finding Light in Arbitration's Dark Shadow
11 Pages Posted: 27 Jan 2019
Date Written: December 30, 2018
Abstract
In examining the borders of the shadow arbitration casts over consumer disputes, there are small patches of visible light that should not be ignored. This short essay in response to Arbitration’s Dark Shadow examines the glimmers of light that appear in the arbitration’s shadow over mandatory arbitration in FINRA securities disputes between a customer and a broker-dealer. Though Edwards is correct that mandatory arbitration is a dark place, the few instances where information is available within the darkness should be highlighted, examined, and studied. Arbitration casts a shadow over consumers, but we need not entirely blindfold ourselves simply because a PDAA removes the spectrum of light that a court proceeding provides.
Keywords: FINRA, Arbitration, Mandatory, Transparency, Consumer, PDAA, ADR
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